State v. Smith

MARTIN (Robert M.), Judge.

Defendant’s first argument involves the admissibility of evidence under N.C. Gen. Stat. § 8-58.6 which redefines the law of relevancy in rape cases. The statute provides in pertinent part that(b) The sexual behavior of the complainant is irrelevant to any issue in the prosecution unless such behavior:(1) Was between the complain[an]t and the defendant; or(3) Is evidence of a pattern of sexual behavior so distinctive and so closely resembling the defendant’s version of the alleged encounter with the complainant as to tend to prove that such complainant consented to…